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TITLE OF BILL: An act to amend the environmental conservation law, in relation to prohibiting idling by heavy-duty vehicles

PURPOSE: This legislation seeks to reduce the overall air pollution in New York state by prohibiting more than three consecutive minutes of idling by heavy duty vehicles.

SUMMARY OF PROVISIONS: This bill amends the environmental conservation law by adding a new section 19-0326 to prohibit idling by heavy-duty vehicles for more than three minutes.

This bill complements regulations (6NYCRR §217-3.2) that the Department of Environmental Conservation administers. This legislation would establish idling in excess of three minutes as a violation.

JUSTIFICATION: Idling engines are a significant source of pollution, have negative health effects, especially increasing asthma rates, and decrease the quality of life for New York State residents. An idling vehicle releases more pollution than a vehicle that is in motion. This bill seeks to reduce the amount of dangerous emissions released into the air from certain heavy-duty vehicles by preventing them from idling for longer than three consecutive minutes. This bill allows reasonable exceptions while ensuring that unnecessary idling is curtailed.

EFFECTIVE DATE: This act shall take effect the 90th day after becoming a law.

Text

STATE OF NEW YORK
________________________________________________________________________
200
2013-2014 Regular Sessions
IN SENATE
(PREFILED)
January 9, 2013
___________

Introduced by Sen. SQUADRON -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
prohibiting idling by heavy-duty vehicles
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The environmental conservation law is amended by adding a
new section 19-0326 to read as follows:
S 19-0326. PROHIBITION ON IDLING BY HEAVY-DUTY VEHICLES.
1. NO PERSON SHALL ALLOW OR PERMIT THE IDLING OF A HEAVY-DUTY VEHICLE
FOR MORE THAN THREE MINUTES EXCEPT AS OTHERWISE PROVIDED BY THE DEPART-
MENT IN REGULATION.
2. THE DEPARTMENT MAY ADOPT AND UPDATE, FROM TIME TO TIME, REGULATIONS
NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION. THE REGULATIONS
SHALL INCLUDE ANY EXEMPTIONS DEEMED BY THE DEPARTMENT TO BE NECESSARY OR
APPROPRIATE.
3. AS USED IN THIS SECTION "HEAVY-DUTY VEHICLE" MEANS A VEHICLE THAT
HAS A GROSS VEHICLE WEIGHT RATING EXCEEDING EIGHT THOUSAND FIVE HUNDRED
POUNDS DESIGNED PRIMARILY FOR TRANSPORTING PERSONS OR PROPERTIES.
4. THE DEPARTMENT, IN COOPERATION WITH THE DEPARTMENT OF MOTOR VEHI-
CLES, SHALL CONDUCT OUTREACH AND PROVIDE EDUCATIONAL MATERIALS ON THE
PROVISIONS OF THIS SECTION TO LAW ENFORCEMENT OFFICERS THROUGHOUT THE
STATE.
5. NO LOCAL LAW OR ORDINANCE GOVERNING THE IDLING OF HEAVY-DUTY VEHI-
CLES SHALL BE PREEMPTED BY THIS SECTION. THIS SECTION SHALL NOT APPLY TO
AUTHORIZED EMERGENCY VEHICLES AS DEFINED IN SECTION ONE HUNDRED ONE OF
THE VEHICLE AND TRAFFIC LAW THAT ARE EXEMPT FROM THE IDLING RESTRICTIONS
SET FORTH IN SECTION 24-163 OF THE ADMINISTRATIVE CODE OF THE CITY OF
NEW YORK.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00247-01-3

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